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Citation
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Judgment date
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| June 2018 |
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An applicant's incorrect citation of the originating case number in bail papers is a minor curable defect; application competent.
• Criminal procedure – Bail under EOCCA s.29(4)(d) – requirement to show pending subordinate court case; • Pleadings – incorrect citation of originating case number – whether substantive or curable defect; • Evidence – annexed charge sheet and document titles may cure mis‑citation; • Procedure – striking out vs expunging paragraphs; court may proceed where no prejudice shown.
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25 June 2018 |
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The applicants' right to bail was upheld; bail granted with strict financial, surety and reporting conditions under s.36 of the Act.
Bail – Economic and Organized Crime Control Act – jurisdiction to hear bail applications – offences bailable – presumption of innocence – statutory bail requirements (s.36(5),(6)) – security by cash or immovable property – sureties and reporting conditions.
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22 June 2018 |
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A valid DPP certificate under EOCCA s.36(2) bars bail until withdrawn; court found certificate met validity tests.
Criminal procedure – EOCCA s.36(2) certificate by DPP – validity test: in writing; asserts likely prejudice to Republic’s safety/interests; relates to pending criminal case; no bad faith or abuse of process – effect: valid certificate bars bail until withdrawn.
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22 June 2018 |
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A valid notice of appeal by the DPP institutes an appeal and justified staying pending bail proceedings.
* Appellate jurisdiction – s.6(2) Appellate Jurisdiction Act – DPP’s right to appeal against High Court orders
* Procedure – Rule 68(1) Court of Appeal Rules 2009 – notice of appeal institutes appeal
* Stay of proceedings – effect of notice of appeal and whether interlocutory rulings are appealable
* Bail – competency of DPP certificate objecting to bail and consequences of appeal
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19 June 2018 |
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Applicant charged with trafficking a large quantity of heroin denied bail because the offence is statutorily non-bailable.
* Criminal procedure – Bail – Application under S.29(4)(d) and S.36(1) EOCCA – Jurisdiction of High Court.
* Drugs law – Drugs Control and Enforcement Act s.29(1) – Statutory prohibition of bail where trafficking involves heroin/manufactured drugs of 200 grams or more.
* Bail law – Effect of charge particulars and statutory thresholds; no requirement that charges be proved at bail stage for prohibition to apply.
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4 June 2018 |
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Screening, documented chain-of-custody and lab confirmation proved trafficking; the accused convicted and sentenced to life imprisonment.
* Criminal law – Drug trafficking – Elements of trafficking and mens rea – Possession and concealment as evidence of knowledge and intent.
* Evidence – Chain of custody – seizure, handing-over certificates, lab submission and signed seals – admissibility and reliability of exhibits.
* Procedure – Lawful arrest and search at airport; language barrier does not vitiate lawful procedure when the accused was present and participated.
* Forensic evidence – Preliminary reagent testing and confirmatory gas chromatography establishing identity and weight of narcotic.
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4 June 2018 |